Farm Contracts Explained: Why Timing Can Make or Break the Deal

RFD News Farm Legal Expert Roger McEowen shares the major role of timing clauses in farmland sales, leases, and succession planning.

farming business contracts legal_stock photo_adobe stock.png

TOPEKA, Kan. (RFD News) — Timing is a major factor throughout agriculture, where planting windows, markets, and seasonal pressures can all affect business decisions.

That is one reason legal agreements tied to agriculture often include the phrase “time is of the essence,” a clause designed to emphasize the importance of meeting contractual deadlines.

RFD News farm legal expert Roger McEowen with the Washburn School of Law joined us on Wednesday’s Market Day Report to discuss how the clause applies across the agriculture industry.

“Without a ‘time is of the essence’ clause, a lot of courts may permit reasonable delays or substantial compliance if the delay doesn’t materially prejudice the other party.”

He says adding the clause can significantly change how courts view contractual deadlines.

“If you add that clause, that’s going to substantially change the contract dramatically, and so when you’ve got that language in there, what that means is that deadlines now become material and they’re material in terms of they’re an obligation under the contract. Failure to perform on time may constitute a breach of the contract, a material breach.”

In his conversation with RFD News, McEowen explained how timing issues can affect land sale transactions and farm lease agreements, especially in an industry heavily tied to seasonal cycles. He also discussed crop inputs, grain marketing contracts, and the role that timing clauses can play in farm succession planning.

READ MORE: When “Time Is of the Essence” Really Matters in Agricultural Transactions

Related Stories
Technology-driven lending decisions may shape the future availability of farm credit.
New research shows that most farmers do not have a formal resiliency plan in place. Devin Fuhrman highlights how Nationwide’s Farm Risk Ready initiative supports farmers in building stronger, more resilient operations.
Watch AARP Live tonight at 7:30 PM ET on RFD-TV to learn more about ways to reduce expenses and make smart financial choices.
Real Ag’s Shaun Haney explains how farmers are approaching risk management and the steps they’re taking to strengthen profitability through better financial planning.
Jeramy Stephens with National Land Realty explains how the Supreme Court’s tariff ruling and ongoing ‘America First’ trade policy raise new questions about U.S. farmland values and agricultural market stability.
Strong cattle markets are masking ongoing financial stress across crop agriculture.

Knoxville native Neal Burnette-Irwin is a graduate from MTSU where he majored in Journalism and Entertainment Studies. He works as a digital content producer with RFD News and is represented by multiple talent agencies in Nashville and Chicago.


LATEST STORIES BY THIS AUTHOR:

Vermicompost business helps boost soil health from the ground up.
Austin Rice with Specialty Risk Insurance shares guidance on handling storm damage, navigating the insurance claims process, and managing risk during a volatile planting season.
Eric Weaver with UNL joins us to share about a promising new HPAI vaccine, early test results, next steps in development, and its potential impact on the livestock industry.
California almond acreage tightens while pistachios shift into an off-year, shaping a mixed outlook for prices and supply in the tree nut market.
New treatments offer hope, but challenges remain for beekeepers.
Lewis Williamson with HTS Commodities joins us to break down the latest USDA crop progress report, share insights from growers, and discuss how global factors are shaping planting decisions this season.